BILL ANALYSIS
AB 482
Page A
Date of Hearing: April 15, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 482 (Mendoza) - As Amended: April 2, 2009
SUBJECT : Instructional materials: English learners
SUMMARY : Requires, by December 31, 2013, the State Board of
Education (SBE) to revise the reading/language arts (RLA)
framework to include a basic comprehensive English language
literacy program for English learners (ELs) that shall meet
specified elements, and requires the SBE to ensure that
specified requirements are met in conducting follow-up and
primary adoptions of RLA instructional materials. Specifically,
this bill :
1)Provides that the basic comprehensive English language
literacy program for ELs shall be referred to as the English
Language Development Literacy Program (ELDLP) and requires the
ELDLP to be:
a) A stand-alone core program that is enriched, scaffolded,
and amplified, and simultaneously develops listening,
speaking, reading, and writing skills in the English
language and the academic content standards.
b) Aligned to both the English language arts (ELA) content
standards and the English language development (ELD)
standards.
2)Requires the program criteria to constitute a chapter in the
revised RLA framework and requires a revision of the
"Universal Access to the Language Arts Curriculum" chapter to
reflect the ELDLP.
3)Requires, by July 1, 2014, the evaluation criteria, worksheets
and standards maps developed for the revised RLA framework to
include the ELA content standards and the ELD standards.
4)Specifies that instructional materials adopted by the SBE
based on the revised framework shall be placed on the list of
basic RLA instructional materials and remain on the list until
the established expiration date for that list.
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5)Stipulates that the 2015 RLA adoption that is based on the
revised framework shall use, to the extent possible, the
"invitation to submit" document used in the 2008 RLA primary
adoption and evaluation as revised pursuant to this bill.
6)Requires, commencing with the 2010 follow-up adoption of RLA
instructional materials, and every RLA adoption thereafter,
the SBE to ensure and document that 50% the reviewers of
instructional materials that provide ELD instruction meet the
following criteria:
a) Possess expertise and have experience teaching ELD to
pupils; and
b) Have been trained on validating the alignment of the ELD
and ELA standards with instructional materials submitted
for adoption and on research based attributes of
high-quality ELD instruction.
7)Requires, commencing with the 2010 follow-up adoption of RLA
instructional materials, and every RLA adoption thereafter,
the SBE to ensure and document that 75% the reviewers of
reading intervention materials specific for ELs meet the
following criteria:
a) Possess expertise and have experience working with ELs
in grades 4-8, inclusive; and
b) Have been trained on research based attributes of
reading intervention instruction for ELs.
8)Declares the intent of the Legislature to provide school
districts various standards-aligned instructional material
options and quality instructional materials written and taught
in the English language to accelerate English language
acquisition for ELs.
EXISTING LAW requires:
1)The SBE to adopt basic instructional materials for use in
kindergarten and grades one to eight, inclusive (K-8) and at
least five basic instructional materials in each of the
following subjects:
a) Language arts, including spelling and reading;
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b) Mathematics;
c) Science;
d) Social Science;
e) Bilingual or bicultural subjects; and
f) Any other subject, discipline, or interdisciplinary
areas for which the SBE determines to be necessary.
2)The Curriculum Development and Supplemental Materials
Commission (Curriculum Commission) recommend curriculum
frameworks to the SBE and develop criteria for evaluating
instructional materials submitted for adoption so that the
materials adopted adequately cover the subjects in the
indicated grade levels.
3)The SBE to ensure that curriculum frameworks are reviewed and
adopted in each subject area consistent with the six- and
eight- year submission cycles.
FISCAL EFFECT : Unknown
COMMENTS : ELs comprise a significant portion of California's
public school students. Nearly 1.6 million of the state's 6.3
million students were identified as ELs during the 2007-08
school year, making up approximately one quarter of the state's
total public school enrollment. ELs begin school at a
considerable disadvantage relative to their native English
speaking peers, as they enter school with different levels of
English fluency and therefore achieve English proficiency at
varying rates. California continues to grapple with the
challenge of closing the achievement gap that separates ELs from
native English speakers and meeting the educational needs of
this population of students.
There has been considerable debate over what kinds of
instructional materials best meet the needs of ELs. Some argue
that ELs need a modified core program that integrates both the
ELA and the ELD standards while others argue that ELD should be
a supplement to the core program.
A study conducted by the University of California Linguistic
Minority Research Institute (UC/LMRI) on the adequacy of
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California's reading textbooks for teaching ELs concluded that
the previously adopted instructional materials offered little
specific EL assistance to students or teachers and that the EL
supplements were practically unworkable.
The SBE adopted the 2008 Reading/Language Arts/English Language
Development (RLA/ELD) Framework & Evaluation Criteria in 2006
and corresponding RLA/ELD instructional materials last year.
The adopted framework and instructional materials provide ELD as
a supplement to the core program.
The UC/LMRI study further reviews the recently adopted framework
and criteria for reading/language arts and states, "Despite the
comprehensiveness of these criteria, they do little to address
the problems revealed in our analysis. The next round of
textbook adoptions will have new packaging but teachers of EL
students will continue to struggle to promote their growth in
acquiring academic language." <1>
Supporters of this bill would argue that the new RLA books still
do not address the instructional needs of ELs because ELD is not
integrated in the core program.
Need for the bill : In 1974 the United States Supreme Court
ruled in Lau vs. Nichols 414 U.S. 563 that students who were not
proficient in English had a constitutional right to equal access
to a meaningful education in the public schools. The decision
states, "Under these state-imposed standards, there is no
equality of treatment merely by providing students with the same
facilities textbooks, teachers and curriculum; for students who
do not understand English are effectively foreclosed from any
meaningful education. . . . We know that those who do not
understand English are certain to find their classroom
experiences wholly incomprehensible and in no way meaningful."
The ruling established that the learning needs of ELs must be
addressed in order for them to advance in learning English and
in their academic achievement.
The Proposition 227 Year 5 evaluation, Effects of the
Implementation of Proposition 227 on the Education of English
learners, K-12, finds that one of the key factors that leads to
EL success includes having systematic, carefully designed plans
---------------------------
<1> Calfee, Robert. "Are California's Reading Textbooks
Adequate for Teaching English Learners?" UC Linguistic Minority
Research Institute. Fall 2006.
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for the provision of ELD instructional services. The study
recommends the state to develop an ELD curriculum framework
based on the state's ELD standards to help ensure that
standards-based curriculum materials and instructional practice
are adopted in districts serving ELs.
Additionally, one of the papers from the Getting Down to Facts
research studies, Resource Needs for California's English
Learners, notes that one of the elements that contribute to EL
success is a comprehensive instructional program that addresses
both ELD and the core curriculum.
This bill requires the SBE to include in the next RLA framework
revision and instructional materials adoption the inclusion of a
program that integrates both the ELA standards and the ELD
standards into a comprehensive EL literacy program. The next
adoption of RLA instructional materials is scheduled for 2015
and the revision of the framework for 2013. The intent is for
school districts to have an additional option available for RLA
instructional materials to address the instructional needs of
ELs.
Suggested amendments : This bill prescribes specific actions for
the SBE to take in the revision of the next RLA framework, some
of which are based on the administrative activities conducted
during the 2008 RLA adoption. Most of these activities are not
codified in the Education Code but rather outlined in Title 5 of
the California Code of Regulations. The Title 5 regulations
that governed the revision of the 2008 RLA framework and
instructional materials adoption have subsequently changed.
If the framework adoption process changes even slightly at the
administrative level, between now and 2013 or 2015, there is a
possibility that some of the provisions in this bill would be
obsolete or would create confusion. Furthermore, requiring the
revisions be made to the 2008 framework, may have the effect of
a narrow revision based on the existing framework, rather than
allow for a more expansive review that is not limited to
specific parts of the current framework. Should the framework
drafting committee choose to rewrite the framework entirely,
this bill may limit the drafting committee's ability to do that.
Staff recommends the bill be amended to delete the specific
references to chapters in the 2008 RLA framework and other
similar references. On page 3, delete lines 17-21, inclusive
and lines 31-39, inclusive.
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The name of the program appears to imply that this would create
an ELD program but the intent of the bill is for this to be a
core program that integrates the ELA and the ELD standards into
a literacy program. Staff suggests the bill be amended to
change the name of the program from "English Language
Development Literacy Program" to "English Language Literacy
Program for English Learners" throughout the bill. This would
also resolve inconsistencies in the drafting of the bill.
The bill also makes inconsistent references to the
reading/language arts framework and the English language arts
standards. In some parts of the bill the framework is referred
to as the "reading/English language arts framework" and in
others as the "reading arts framework." The standards are
referred to as the "reading/language arts content standards" and
as the "English language standards." Staff recommends the bill
be amended to provide for consistent references to the framework
and the standards throughout the bill.
Composition of the review panels : The sponsors of this bill,
the Californians Together Coalition, contend that during the
last RLA instructional materials adoption, the review panels
assigned to review and evaluate instructional materials that
provide ELD instruction and reading intervention for ELs did not
appear to have adequate numbers of individuals that possessed
expertise in working with ELs. This bill seeks to address this
issue by requiring that for future adoptions, 50% of the
membership of a panel that reviews instructional materials that
provide ELD instruction shall possess expertise in working with
ELs and training in research based attributes of ELD
instruction. Additionally, the bill requires that 75% of
membership of a panel that reviews programs of reading
intervention for ELs, shall possess expertise in working with
ELs and training in research based attributes of reading
intervention.
The author states, "California's 2006 Reading/Language Arts
Framework and its criteria establishes a 'one size fits all'
approach to Reading/Language Arts for English language learners.
The current framework calls for the development of a curriculum
and instruction that does not include English language
development in the core program of reading/language arts
required by the state. This 'one size fits all' approach will
continue to contribute to the widening of the achievement gap
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not narrowing the achievement gap between native English
speakers and English learners."
Prior Legislation : SB 1769 (Escutia) of 2006 requires the
inclusion of an additional option, the accelerated English
program, in the 2008 Reading/Language Arts/English Language
Development Curriculum Frameworks and Criteria, and allows
publishers to submit for adoption instructional materials that
conformed to the specified criteria for the accelerated English
program. SB 1769 was vetoed. The veto message read, in
pertinent part:
I cannot endorse any effort which may lead to the
creation of separate curricula and textbooks that will
isolate these students within our public schools.
This sort of segregated learning is not only
detrimental to the language learning process it would
have a divisive impact on our children, classrooms,
schools, teachers and our larger society. It
undermines the very principle of inclusiveness that
inspires so many entrepreneurial and hard-working
immigrants to pursue the American dream.
AB 1177 (Solorio) of 2007, establishes the Accelerated English
Acquisition and Literacy Pilot Program to call for the
development of instructional materials specifically designed for
ELD and literacy intended to accelerate English language
acquisition and to study the impact of these materials on
accelerating language development and reading/language arts
achievement. AB 1177 was held in the Senate Appropriations
Committee.
AB 2974 (Solorio), of 2008, establishes the English Language
Learner Literacy and Accelerated English Language Acquisition
Pilot Program administered by the Superintendent of Public
Instruction for purposes of accelerating the acquisition of
listening, speaking, reading, and writing skills in the English
language. AB 2974 was held in the Assembly Appropriations
Committee.
AB 2135 (Mendoza), of 2008 requires, during the next revision
cycle, the State Board of Education (SBE) to revise the
reading/language arts (RLA) framework to include the English
Language Development Literacy Program (ELDLP), as a basic
comprehensive English language literacy program for English
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learners (ELs).
AB 2135 was vetoed with the following veto message: "I vetoed
similar legislation in 2006 and am concerned that this bill
circumvents the decision by the State Board of Education on this
issue. The State Board thoroughly vetted the issue in its
deliberations and this measure contradicts that decision."
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees,
AFL-CIO
Californians Together Coalition
Los Angeles Unified School District
San Francisco Unified School District
Opposition
None on file.
Analysis Prepared by : Marisol Avi?a / ED. / (916) 319-2087